Harris v. Bradford
Supreme Court of Alabama
Wb.it of Error to the Circuit Court of Tallapoosa. This was a proceeding by motion against the plaintiffs in error as the sureties of Martin T. Ellis, sheriff of Tallapoosa, for the failure of the latter to return an execution previously placed in his hands at the suit of the defendant in error, against John Bradford.
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Wb.it of Error to the Circuit Court of Tallapoosa. This was a proceeding by motion against the plaintiffs in error as the sureties of Martin T. Ellis, sheriff of Tallapoosa, for the failure of the latter to return an execution previously placed in his hands at the suit of the defendant in error, against John Bradford. The notice is addressed to the sheriff and his sureties by name, sets out the time of the issuance of the execution and its delivery to the sheriff, as well as its amount, &c. and proceeds as follows: “And the said Martin T. Ellis having failed to return said^writ of execution,…
1Opinion of the CourtCollier, C. J.
1. The demurrer to the notice was properly overruled. Every material fact necessary to be alledged is stated in the notice — and the only objection to it is, that in*219stead of saying a motion will be made at the time indicated, it states “ that the plaintiff did move for judgment.” This must be considered as a mere verbal mistake, which may, or may not, have been made by the Clerk, but be this as it may, ic cannot prejudice; for it appears by a reference to the date of the notice, that the motion would be made four days thereafter.
2. If this proceeding had been instituted against the sheriff…
2Cases cited5 opinions
- Tillotson v. CheethamNew York Supreme Court · 1806
- McRae v. ColcloughSupreme Court of Alabama · 1841
- Bondurant v. WoodsSupreme Court of Alabama · 1840
- McGee v. EastisSupreme Court of Alabama · 1831
- Marchbanks v. RogersSupreme Court of Alabama · 1827
3Cited by14 opinions
- De Bardeleben v. StateAlabama Court of Appeals · 1918
- Daniels v. HamiltonSupreme Court of Alabama · 1875
- McSwean v. StateSupreme Court of Alabama · 1912
- Pentecost v. StateSupreme Court of Alabama · 1894
- Freeman v. BaldwinSupreme Court of Alabama · 1848
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